THE COLONIST.

Colonist, Volume XII, Issue 1247, 7 September 1869, Page 2

THE COLONIST.

NELSON, TUESDAY, SEPTEMBER 7,1869,

The Assembly was prorogued on Friday last, and our members have returned from their long protracted duties.

JUSTICE AND THE PEACE

Some ten days ago there appeared in these columns the report of an assault case tried in the Kesident Magistrate's Court; and in which the defendant, Mr. Charles Watts, a flock-owner, and a Justice of the Peace of the Colony, was fined £10 by the Bench of Justices. We had hoped the matter had ended thei'e. Public order and justice had been so far vindicated, and to a certain extent a useful lesson read to persons who unjustifiably take the law into their own hands. It seems, however, the matter is not

to end. Mr. Watts, most unwisely as we think, has published the following letter, which appeared in a contemporary on Saturday morning:—

" Sir—ln the case of assault, Touilinson v. Wattp, I was -willing to let the matter drop, but it having come to uiy knowledge that certain remarks have been made which I cannot allow to pass unnoticed, I b,eg to state that my solicitor was never authorised to make any apology for me, this being the thing I positively refused to do before appearing in court, considering that I had only administered just punishment, due for the unwarrantable treatment my son had received

" I am &c, " C. F. Watts."

" Nelson, September 3

This letter can ouly be viewed a 8 a blow in the face to the genius of public justice, and we cannot but regret that Mr. "Watts has allowed himself to re-open the subject by making an absurd declaration that an unwarrantable assault on a gentleman in the public street is a "just punishment." Mr. Watts forgets to inform the public respecting the source whence springs his right as " administrator" •of such peculiar justice. Few will be disposed to justify the act of flagellation (very slight, and very safe, though degrading to the echoolboy), which was inflicted "by the

third master on Mr. "Watts' son, Whose acts of insubordination are very well known ; but that error would have been easily remedied by a gentlemanly appeal to constituted authority, instead of an unfair assault with a weapon, without explanation, and on a man whose, physical strength rendered him perfectly unfit to cope with what, we believe in the jargon of the prize ring, is termed the "science" of his assaulter. Usually, a man professing to carry with him the elements of gentlemanly conduct, is led to regret, in his calmer moments, any breach of decency or propriety into which an incursion of passion may lead him. It is rare to find a reasonable man glorying in his shame, and the argument of the stick is a process of reasoning which it ought to be the duty of every honest citizen to render infamous.

Let "v& look at the facts. An admittedly unruly schoolboy was, after repeated acts of insubordination, birched by the third master of the school, in a private room after school hours. The mode of punishment is one properly unknown in all Kelson educational establishments, and in inflicting it Mr. Tomlinson was undoubtedly wrong, although there was nothing excessive in the amount, but only in the mode. Mr Watts attacked the teacher, and struck him without allowing time for any explanation, and acting merely on his son's statement; rather a dangerous ground for fathers to take with respect to teachers and schoolboys. We believe the argument is that the boy, of the ripe age of eleven, was disgraced. Many a good man has won great renown after a salutary birching at school; a process, however, be it understood, we distinctly condemn. But even were Mr. Wattstheduly commissioned finisher of the law which gives flogging to garrotters, and to men who revel in assaults on helpless women, and persons who are physically incapable of retaliating—his idea of retribution is nearly as curious as his logic. Because a small boy is birched in the presence of one of his schoolmates, ergo, said small boy's father shall violently assault an educated gentleman with stick and fists in the open streets, in presence of scores of astonished gazers. The degradation in the one case is speedily forgotten ; that in the other, while a discreditable act on the part of the operator, is tenfold more degrading to the public sufferer than the few cuts with the cane on a safe place, administered to an unruly schoolboy.

The question, however, that arises, comes with infinitely greater force through the publication of this remarkable and ill-judged letter. How long is this to last ? The law itself is insulted, and the law-abiding citizen is naturally alarmed lest he too should be assailed by a man who takes advantage of his superior strength, and arranges the " difference," real or supposed, by a safe fight, in which he gives bis weaker foe all the blows. Even if the degradation of fighting in this way did not tend to deter the assailed party from attempted retaliation, there is the knowledge that the more he should endeavor to retaliate when thus unexpectedly attacked, the more severely would he be punished by the superior force, who would only be delighted by the opportunity thus offered.

If we find a sworn magistrate acting in this most illegal manner, and afterwards boasting of his conduct, and, in effect, publicly notifying that he is prepared to do the same thing again, what shall we say of the example which it is assumed that men of means and position, notably Justices of the Peace, show to the public, and especially to those who are supposed to be prone to such mistakes ? Judge Richmond, in a charge to the Grand Jury last year said, "In these Islands his Excellency the Governor is the supreme conservator of the Queen's peace. Under him— immediately under him —(gentlemen,! emphasizetheword 'immediately')—are the Justices of the Peace." How a Justice of the Peace can misunderstand this distinct exposition is singularly shown in the letter we have quoted. Had the opinions expressed in tha*3 letter been stated before the bench of Magistrates who tried the case, its writer would, at least, in addition to their mild judgment, have been bound over to keep the peace for a lengthened period. The serious question is, How are we to stop repetitions of such discreditable proceedings? The law appears to be too gentle to produce a salutary influence. If public opinion does not step in, and bring censure on them and their perpetrators, somethiug serious is very likely to result. If the law does not, in a high-handed manner, and by extreme punishment, put down such attacks, and demolish the erroneous conceit that a breaker of the peace is administering a "just punishment," men will think about the necessity of going armed in some fashion. Every lawyer who attacks an opponent, or aggravates' a disagreeable witness, every teacher who flogs a boy, is liable to treatment like this. We appeal to all men, gentle and simple, rich and poor alike, to utterly discountenance and condemn, conduct of this kind that disgraces a community of lawabiding and peace-loving citizens. We saY all this with sorrow, and would wiljingly have avoided allusion to the subject, but for the extraordinary letter which forms the text of this article, and which, in the public interest, demands notice and reprobation.

It is stated that Mr. Stafford is about to return to Nelson, and once more to take up his residence amongst us. Another of the ex-Ministers, Mr. J, C. Richmond, has already done so. " Out in the cold," they couie to bask iv sunny Nelson. A very improper poet indites the following lines, which he says is supposed to be sung by Mr. Stafford : —

" With all thy faults, though much maligned by me, My heart, sweet Nelson, travels back to fhee; Once more to throw fresh glamour o'er your eyes, I come, fond dwellers under sunny skies ;

Once more with partisans' staunch aid to soar On eagle wings of eloquence —once move ! Blot out the past; teach Memory to forget— Believe me true —'We may be happy yet!'"

Enghse\NewS. —The telegrams of news by the July mail, with latest telegrams to Axigust 10th, will be found in the fourth page of to-day's paper.

Mr. Neil, who was favorbly noticed in our columns a short time since as a reader and elocutionist, will give another entertainment, at the Temperanca Hall, to-morrow evening.

Stttoibfi AH CaAHti:i9ToH.«**A few ctays ftgo^a m&n named John Frasei 1, committed suicide by cutting his throat, in the Charleston lock-up, where he had been removed from the hospital owing to his showing signs of insanity. Committal. —A colored man has been committed for trialat the next Nelson assizes for attempting to commit a criminal assault on a little child, at Giles' Terrace, on the South>west (Joldfields. An Interesting Couple.—At Christchurch, the other day a couple were married whose ages combined amounted to 148 years. The bridegrona was seventyfive years of age, and his " blushiDg" bride seventythree. Chabeeston Water Bacb Company.—The directors of the Charleston Water Bace Company, we are pleased to state, have had handed into them by Mr Bobson, District Engineer, a new survey for a race from the Deep Creek, which will be the meanß of bringing in a large quantity of water for mining pur- . yoses, and at a very trifling cost compared with the first project. We trust this new scheme will be taken in hand without delay.— Charleston Herald. At Poverty Bay, a few days ago, as twenty natives ! were proceeding to the St. Kilda, a heavy sea struck , their boat and capsized it. Two of the natives were drowned. — Kaw7ces' Bay Times, August 26. The Taranali Bush Corps have been reduced from 550 men to 300. The natives and bush party have all been struck off pay. Traction Engine in Otago.—The Otago Daily Times says:—" Some little excitement was caused on Saturday afternoon by the passage through the streets of a traction engine, which has been imported by Mr. Kirk, of Mosgiel, East Taieri. This machine is one of Messrs. Clayton, Shuttleworfch, and Co.'s patent. It is often hone power, two cylinders, and is constructed so that the power may be used either for moving; it over the ground, or for driving a thrashing or other machine. The cylinders are planed on the top of the boiler, and the crank shaft carries a spur wheel, which communicates by gearing with large toothed wheels on the sides of the driving wheels. These are about six feet in diameter, with broad rime, on which are placed diagonally flat pieces of iron, in order to make the wheels ' bite.' On Saturday, however, on account of the very soft state of the roads, there was rather too much adhesion, and the wheels lifted large quantities of mud, &c, some of which kept dropping on the toothed wheels, and so caused stoppnges and very slow progress. On a good road, the machine could have got on much better. The steering is done by a wheel something similar to that of a ship.